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The case I was called for was a mandadtory draw on a 'No Refusal Weekend' where they had a Judge set up and ready to issue on any refusal. It was the defendanats first DWI offense. I was actually suprised that info was disclosed in the voir dire, btu think the defense wanted to try and gain as much sympathy as they could before selection.gigag04 wrote:Any felony DWI will get a mandatory draw:
3rd or more
Child passenger
Additionally, for a collision, there doesn't have to be injury, just a person being taken to the hospital, either by friend, family, or medics.
Else, you need a warrant. And The law needs a clarification, since legislative intent is to allow for blood warrants signed by judges of a court of record. See the updated DIC-24 form - it will include warning about a warrant.
Search Warrants, IMO, are a legitimate bypass to the draw restrictions...Much like a search or arrest warrant can bypass other explicit restrictions on privacy in CCP. I would've been interested in sitting in on the case. Since I get blood on everyone, I don't have to go to court hardly ever on DWI.Keith B wrote:The case I was called for was a mandadtory draw on a 'No Refusal Weekend' where they had a Judge set up and ready to issue on any refusal. It was the defendanats first DWI offense. I was actually suprised that info was disclosed in the voir dire, btu think the defense wanted to try and gain as much sympathy as they could before selection.gigag04 wrote:Any felony DWI will get a mandatory draw:
3rd or more
Child passenger
Additionally, for a collision, there doesn't have to be injury, just a person being taken to the hospital, either by friend, family, or medics.
Else, you need a warrant. And The law needs a clarification, since legislative intent is to allow for blood warrants signed by judges of a court of record. See the updated DIC-24 form - it will include warning about a warrant.
The problem I have with this is the law states you can refuse a BAC and there is a penalty for that. Forcing a blood draw just because a Judge will issue a warrant is way overboard and bordering on rights violations IMO.gigag04 wrote: Search Warrants, IMO, are a legitimate bypass to the draw restrictions...Much like a search or arrest warrant can bypass other explicit restrictions on privacy in CCP. I would've been interested in sitting in on the case. Since I get blood on everyone, I don't have to go to court hardly ever on DWI.
If it bleeds, it pleads :)
It's been done, and failed. DWI is too dangerous and kills way too many people to let people skirt, and Texas ismonenofnthe worst states in the nation. It's even gone up to higher courts and fallen flat. 4th amend claims fall flat against warrants issued by probable cause.Keith B wrote:The problem I have with this is the law states you can refuse a BAC and there is a penalty for that. Forcing a blood draw just because a Judge will issue a warrant is way overboard and bordering on rights violations IMO.gigag04 wrote: Search Warrants, IMO, are a legitimate bypass to the draw restrictions...Much like a search or arrest warrant can bypass other explicit restrictions on privacy in CCP. I would've been interested in sitting in on the case. Since I get blood on everyone, I don't have to go to court hardly ever on DWI.
If it bleeds, it pleads :)
Don't get me wrong, I have no problem with the felony violation force on BAC, but for misdemeanor violations it should not be allowed.
Personally, I hope that someone takes this to court on rights issues and beats it.
How do you get blood w/o a warrant except for the select few exceptions?Ameer wrote:Sounds great. If the cops want DNA from a suspect, just do a pretext stop for drunk driving and take his blood.
Viola! DNA without the annoying hassle of getting a warrant.
gigag04 wrote:It's been done, and failed. DWI is too dangerous and kills way too many people to let people skirt, and Texas ismonenofnthe worst states in the nation. It's even gone up to higher courts and fallen flat. 4th amend claims fall flat against warrants issued by probable cause.Keith B wrote:The problem I have with this is the law states you can refuse a BAC and there is a penalty for that. Forcing a blood draw just because a Judge will issue a warrant is way overboard and bordering on rights violations IMO.gigag04 wrote: Search Warrants, IMO, are a legitimate bypass to the draw restrictions...Much like a search or arrest warrant can bypass other explicit restrictions on privacy in CCP. I would've been interested in sitting in on the case. Since I get blood on everyone, I don't have to go to court hardly ever on DWI.
If it bleeds, it pleads :)
Don't get me wrong, I have no problem with the felony violation force on BAC, but for misdemeanor violations it should not be allowed.
Personally, I hope that someone takes this to court on rights issues and beats it.